• Sticky
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    fedilink
    English
    21 year ago

    Summary of the opinion: Nobody here has standing, but… Missouri maybe?, Cause the corporation the state created won’t be able to take in all those fees. Also, congress only allowed completely trashing rules, or slightly tweaking them, this is more “in-between” and we don’t like that. Oh, and the replacement rules only have a requirement to be published, theres no authority to actually write them. This is a new rule, so it’s not allowed. Furthermore, the action taken was too big, unprecedented, we don’t like that.

    Summary of the dissent: Nobody here has standing. PERIOD. That corporation could bring it to us, and is explicitly permitted to act as an independent financial and legal entity, so they can bring it theirselves. IF they brought it themselves, congress clearly delegated authority to “waive or modify” provisions, and provide substitute rules appropriate to the situation, after they had passed it explicitly for the gulf war, then explicitly for 9/11, and then opened the doors wide open to any national emergency because they have more important things to deal with during emergencies than student loan policy. The scale of the action matches theS scale of the emergency, and is actually smaller than the previous action (loan pause) that the previous administration instituted. So in other words, loan relief like this may have been a shit idea, may have been a great idea, but it is exactly what the law allows and the court has no business deciding otherwise. It’s not our fucking job to write policy.

    You can probably pretty obviously tell which opinion I agree with more… This court is trash, gymnastics required to justify most of their decisions. Expand the court so the scales of power don’t fucking seesaw from regular jurisprudence to batshit insanity upon the death of a single robe-clad geriatric. 😫